United States v. Andrew Beardall

MEMORANDUM

Andrew Beardall appeals the district court’s denial of his petition for attorney fees under the Hyde Amendment, 18 U.S.C. § 3006A Note. We affirm.

The parties are familiar with the facts. Beardall and several other defendants were charged with various counts relating to public corruption. Beardall was represented by Mayer Brown LLP serving pro bono. Over the course of the prosecution, the court dismissed one of the charges and granted acquittal with regard to one object offense for the conspiracy charge; a jury acquitted Beardall of the remainder of the counts.

Beardall argues that he is entitled to attorney fees because the government’s position was vexatious, frivolous, or in bad faith. 18 U.S.C. § 3006A Note.

Vexatiousness requires two components, United States v. Sherburne: (1) maliciousness or an intent to harass, and (2) a suit that is objectively deficient: lacking probable cause. 249 F.3d 1121 , 1126-27 (9th Cir.2001). Frivolousness is closely-related: “groundless ... with little prospect of success; often brought to embarrass or annoy the defendant.” United States v. Braunstein, 281 F.3d 982, 995 (9th Cir.2002) (quoting United States v. Gilbert, 198 F.3d…